- SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
- Jan 22 2013 (Date Decided)
- Friedman, J.P., Renwick, Manzanet-Daniels, Romn, Clark, JJ.
9048-9048A. &NATIONAL CASUALTY COMPANY, ETC., M-5946plfres, v. AMERICAN HOME ASSURANCE COMPANY, def, CHUBB INDEMNITY INSURANCE COMPANY, def-ap — Milber, Makris, Plousadis & Seiden, LLP, Woodbury (Joseph J. Cooke of counsel), for ap — Traub Lieberman Straus & Shrewsberry LLP, Hawthorne (Dawn M. Warren of counsel), for res — Order, Supreme Court, New York County (Joan M. Kenney, J.), entered on or about March 30, 2012, which, to the extent appealed from, denied, in part, defendant Chubb Indemnity Insurance Company's motion for summary judgment dismissing the complaint, granted, in part, plaintiff's cross motion for summary judgment, and declared that Chubb is required, pursuant to the terms of a 1993-1994 insurance policy, to indemnify plaintiff National Casualty Company for its losses sustained in an underlying lead paint action, unanimously affirmed, without costs. Order, same court and Justice, entered on or about June 1, 2011, which, to the extent appealed from as limited by the briefs, granted so much of plaintiff's motion as sought to preclude Chubb from presenting any evidence at trial, unanimously reversed, on the law, without costs and the motion denied.